HomeMy WebLinkAbout1602 - Workforce Central Floridaz:
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OFFICE OF HUMAN RESOURCES AND RISK MANAGEMENT:
TRANSMITTAL MEMORANDUM `
P
To: City Clerk
RE: Request for Services
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
Once completed, please:
❑ Return original
❑
Return copy
❑ Mayor's signature
❑ Recording
❑ Rendering
FZV Safe keeping (Vault)
In Record Custodian
Special Instruction/is:
OAV4 Ltd Pia, ,Y
Please advise if you have any questions regarding the above.
Thank y ul
From
T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc
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Date
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WORKFORCE
CENTRAL FLORIDA
EMPLOYER WORKSITE AGREEMENT #:
WORKFORCE CENTRAL FLORIDA (WCF) as the Regional Workforce Development Board and
Company /Business Name: City of Sanford, Florida
dba: (ifapplicable)
Location: (Address, city, state, zip code) 300 N. Park Ave. 32771
hereinafter called the Host Worksite; agree to the following terms of this Agreement.
Z. Program Overview
WCF is a Florida not - for - profit corporation that serves as
one of 24 regional workforce boards in Florida. WCF
serves Region 12, which covers Lake, Orange, Osceola,
Seminole and Sumter counties. Using federal funds
allocated by the state of Florida, WCF administers paid
work experience internship programs (collectively, the
"Programs ") in which a participant referred by WCF to
the Host Worksite (a "Participant ") is introduced to age -
appropriate work activities including the rigors,
demands, rewards and sanctions associated with
holding a job.
In connection with the operation of its Programs, WCF
may retain one or more companies to provide payroll
administration, human resources services, employee
leasing, employer of record or similar services
(collectively, "HR Contractors "). Among other things,
WCF may delegate some or all of its responsibilities
under the Programs or under this Agreement to an HR
Contractor. Host Worksite will fully cooperate with any
and all HR Contractors identified by WCF and will, at
WCF's request, coordinate its responsibilities and
activities under this Agreement with such HR
Contractors.
Under Host Worksite's guidance and day - today
supervision and in accordance with the job description
attached hereto, Host Worksite will provide Participants
with a bona fide, meaningful work experience that will
help them receive the training and experience
necessary to succeed in their jobs.
2. Term of Agreement
This work site agreement will begin on July 1, 2013, and
end no later than June 30, 2014.
No Participant may begin work until this Agreement is
fully executed by both the Host Worksite and WCF. This
Agreement will supersede and replace any prior contract
or agreement between the parties regarding the
Programs.
3. Work Experience Internship Program Periods and
Limitations
Host Worksite acknowledges and agrees that
Participants will be subject to the following limitations:
Work Experience Internship Program
Max. #
Work
Hours
Max. #
of
Weeks
® Re- Employment Connection (REC)
40
12
® Youth Work Experience Program (YWP)
40
16
® Science, Technology, Engineering, Math
(STEM)
40
a
4. Responsibilities of Host Worksite
Host Worksite agrees that it will:
A. Make available suitable job(s) at its work site(s)
and in the respective occupation(s) described
in the attached job description(s) for all
Participants.
B. Notify WCF (and, if applicable, the HR
Contractor) immediately if any Participant
would be directly supervised by a member of
that person's immediate family.
C. Assign worthwhile and meaningful work to
Participants during the entire time they are at
the work site in accordance with the approved
job description(s). Duties not listed in the
co
CD
N
attached approved job descriptions) must be
times, displaying positive work habits,
predetermined and mutually agreed upon by
maintaining safe working conditions, and
the Host Worksite and WCF.
appropriate behavior and attire.
D.
Direct and supervise Participants' work
0. Inform WCF (and, if applicable, the HR
activities and training in accordance with their
Contractor) immediately if an accident or injury
job description(s) and training plans.
occurs at the job site affecting or involving a
E.
Assure that It will have supervisory personnel
Participant, and require the Participant to
who will act as work site supervisors at each
complete an appropriate incident report form.
work site to provide for continuous on -site
P. Notify WCF (and, if applicable, the HR
supervision and training of Participants at a
Contractor) by telephone of any problem or
ratio of Participant(s) to staff of no more than
concern regarding a Participant's performance
5:1.
at a work site as soon as possible, but at least
F.
Not entrust any Participant with unsupervised
within 24 hours after the problem is identified.
care, custody or control of financial property
Q. Not discriminate against any Participant or
including cash, checks, accounts, ledgers,
potential Participant because of race, color,
balance sheets, reconciliations or payroll
religion, sex, national origin, age, disability,
deposits. (Host Worksite confirms that it alone
political affiliation or belief, creed or marital
controls the work site environment at its
status.
business office, and it acknowledges full
R. Ensure that Participants receive fair and
responsibility for implementing internal controls
impartial treatment and that they not be
and procedures to prevent misuse of financial
subjected to harassment of any kind.
documents and property.)
S. Ensure that the following general working
G.
Not instruct or allow any Participant to drive an
conditions are complied with:
automobile for any reason for business
1) this work experience position(s) will
purposes.
result in an increase in the Host
H.
Orient and train its work site supervisory
Worksite's level of employment and
personnel including any alternate staff directly
under no circumstances will it result in
responsible for supervision of Participants.
the displacement of current employees
I.
Notify WCF (and, if applicable, the HR
or freezing the hiring of new employees
Contractor) immediately of any temporary
in anticipation of any Participant;
and /or ongoing changes in the designation of
2) there will be no displacement or partial
personnel who will be supervising the
displacement (reduction of hours
participant(s).
worked, wages or employment benefits)
J.
Be accountable for maintaining Participants'
of currently employed workers nor
time sheets including supervising their proper
replacement of laid -off workers by any
completion and approving Participants' time
Participant;
sheets if all prior requirements are met, and
3) there will be no infringement of
timely submitting timesheets in accordance
promotional opportunities for regular
with WCF's payroll procedures (and, if
employees; and
applicable, the HR Contractor's).
4) Participants must receive comparable
K.
Require Participants' conformance with Host
working conditions and non - payroll
Worksite's personnel rules of conduct such as
benefits such as rest breaks, lunch, etc.
dress code, parking, etc.
as other current employees.
L.
Ensure that all sites where Participants will be
T. Ensure that Participants will not be employed in
assigned are sanitary and safe environments in
the building, operating, or maintaining of any
accordance with health and safety standards
part of any building used for sectarian
established by state and federal law.
e
instruction or as a place of worship.
M.
Ensure that ail required safety supplies and
U. Ensure that this Agreement will not impair
U
equipment are used in the proper manner for
existing contracts for services or a collective
their intended use and in accordance with all
bargaining agreement between Host Worksite
laws, including child labor laws where
and other parties; nor will this agreement
applicable.
assist, promote or deter union organization.
N.
Conform to normal routines and functions of a
V. Ensure that no Participant will assist with
commercially reasonable business
political or lobbying activities or any activity
establishment, including, but not limited to,
designed to influence legislation or
appropriate supervision on the premises at all
appropriation pending before the Congress of
the United States.
W. Not subcontract, assign or transfer any rights or
responsibilities under this Agreement or any
portion thereof without the prior written
approval of WCF in its sole discretion. Any
transfer or disposition (whether voluntarily, by
law or otherwise) of ownership of or a
controlling interest in Host Worksite will be
deemed an assignment or transfer for purposes
of this paragraph.
X. Implement administrative controls to ensure
that costs for wages and other costs for which
WCF is responsible for paying are not being
paid by other federal, state, or local programs
to avoid duplication of funding.
Y. Maintain all records and files pertaining to the
operation of this Agreement (including any
amendments, extensions or renewals) for three
years after termination or expiration of this
Agreement. Records and files must include, but
not be limited to, time and attendance sheets,
supervisor assignments, this Agreement, etc.
Z. Monitor to ensure that all Participants at all
work sites are only performing work activities
identified in the attached job description and
that Host Worksite is complying with this
Agreement. Host Worksite will notify WCF (and,
if applicable, the HR Contractor) of any changes
to its work site address or required work hours,
job description, training plans or if the work has
been completed and the job needs to end.
AA. Immediately advise WCF (and, if applicable, the
HR Contractor) in writing of any actions, suits,
claims or grievances filed against Host
Worksite, WCF, HR Contractor(s), state of
Florida, federal agencies or departments (or
officials or employees of any of the foregoing)
or against any Participants that in any way
relates to the Program or this Agreement.
BB, Allow WCF, the governor of the state of Florida,
or any of their respective representatives,
agents or subcontractors (including, but not
limited to, any HR Contractor), and the U.S.
Department of Labor ( "DOL ") access to the
Host Worksite's work site(s) at all reasonable
hours for all reasonable purposes such as
monitoring the Program, counseling
Participants, etc.
CC. Comply with all applicable employment and
labor laws.
DD. Maintain the confidentiality of any information
regarding Participants or their immediate
families obtained from forms, discussions or
other source. Without written consent of the
3
Participant, such information shall be divulged
only as necessary for purposes related to the
performance of this Agreement.
EE. Host Worksite will consider all Participants for
any unsubsidized job openings that may occur
with the Host Worksite if Participants meet the
necessary qualifications for the job.
5. Responsibilities of WCF
WCF (and, if applicable, it's HR Contractor[s]) will:
A. Recruit, select and refer Participants) eligible
for this Program to the Host Worksite.
B. Assist the job site supervisor in resolving any
problems concerning Participants' job
performance.
C. Hear all grievances concerning Participants'
performance at the work site in accordance
with WCF's Participant grievance procedures.
D. Provide counseling and supportive services to
Participants as the need is identified and
budget allows.
E. Be responsible for distributing Participant
paychecks subject to Host Worksite's timely
submission of properly completed and signed
timesheets.
F. Be responsible for employing all Participants
and paying them for all actual hours worked.
(Note: 1. No fringe benefits or holiday pay are
provided to Participants; and 2. Workers'
Compensation benefits are provided by the
state of Florida.)
G. Observe activities under this Agreement at the
work site(s) at reasonable hours and as
frequently as the authorized representatives of
WCF may deem necessary to assure the work
experience is constructive for Participant(s) and
that Host Worksite is complying with the terms
of this Agreement. (WCF may require corrective
action within specified time periods or remove
Participants from work sites upon written
notification delivered to Host Worksite at the
time of their removal. Such action may be
taken when WCF, the governor of the state of
Florida or DOL finds serious or continual
violations of rules or laws, where violations are
not being remedied, or where WCF, the Florida
governor or DOL find noncompliance with any
of the terms or conditions under this
Agreement.)
6. Background Checks
WCF reserves the right (but not the obligation) to
conduct background checks on Participants or
prospective Participants, which WCF may conduct itself
or through one or more contractors or vendors
Worksite or any of its employees, agents or
(including the HR Contractor and /or Its subcontractors
representatives.
or vendors) (all of the foregoing are collectively called
the "WCF Parties "). If WCF conducts any such check or
causes it to be conducted, it will, subject to applicable
8. Hold Harmless
law and its having obtained an appropriate consent or
release from the Participant, endeavors to share the
A. Without waiving its sovereign immunity, and if
results thereof with Host Worksite. In addition, WCF or
and to the extent allowed by law, each party
WCF Party may consult with Host Worksite regarding the
shall indemnify and hold harmless each other,
scope or findings of any such check.
its officers, officials, and employees from and
against all claims and liabilities of any nature or
However, Host Worksite acknowledges and agrees that:
kind, including costs and expenses for or on
account of any claims, damages, losses, or
A. any background information provided to Host
expenses of any character whatsoever resulting
Worksite by WCF or a WCF Party is provided
in whole or in part from the negligent
strictly as a courtesy on an AS -IS, WHERE -IS,
performance or omission of either party's
basis and is not represented, warranted or
employees or representatives connected with
guaranteed regarding its accuracy,
the activities described herein.
thoroughness, applicability or fitness for any
particular use, and any and all such
B. In agreeing to provide direction, training and
representations, warranties or guaranties are
supervision of the participant, the Agency
hereby disclaimed;
understands that this does not make WCF or its
B. if Host Worksite is concerned about the
designee liable to the Agency or any third party
background of any Participant, it is encouraged
by reason of any future act or failure to act by
(subject to applicable law) to conduct its own
any participant on or off the job.
background check;
C. regardless of whatever information WCF or any
9. Termination
WCF Party might provide Host Worksite
regarding a Participant or any discussions or
This Agreement may be terminated as follows:
consultations that may occur regarding a
Participant, Host Worksite is the ultimate
A. WCF or the Host Worksite may terminate the
decision maker whether any Participant will be
Agreement for convenience upon at least 30
accepted at any work site as well as the job
days' written notice to the other party.
duties that will be assigned to a particular
B. WCF may terminate this Agreement in whole or
Participant and the level of supervision that will
in part at any time that the WCF President and
be appropriate for such Participant;
CEO or Chief Operating Officer, in his /her sole
D. neither WCF nor any WCF Party makes any
judgment, determines that:
express or implied warranties, representations,
or promises regarding the experience, fitness,
1) Host Worksite has failed to comply with
honesty, or reliability of any particular
any provision in this Agreement;
Participant, and Host Worksite agrees to accept
2) Host Worksite fails to perform in whole
the risk that a Participant may commit an act of
or in part under this Agreement or fails
wrongdoing while working at Host Worksite's
to take corrective action after receiving
business resulting in loss, damage or injury;
oral or written requests to do so within
and
E. Host Worksite waives, releases, indemnifies
an appropriate time period as may be
and defends WCF, the WCF Parties (and their
stipulated by WCF; or
respective agents, employees, representatives
3) DOL or the state of Florida fails to
and attorneys) from and against any claim,
provide adequate funds, reduces,
judgment, proceeding, loss, damage, cost or
eliminates or otherwise terminates the
expense arising out of or related to any
program under which this Agreement is
background information about a Participant
written.
provided (or not provided, as the case may be)
to Host Worksite or any act or omission on the
part of any Participant (whether negligent or
Any term or provision of this Agreement under which a
willful, whether lawful or otherwise) at any work
party hereto (i) owes money to the other that remains
site or while otherwise under the actual or
unpaid, or (ii) is obligated to indemnify the other will
constructive supervision or direction of Host
4
survive the expiration or sooner termination of this
Agreement.
10. Notice
Other than as provided herein, any notice to WCF must
be in writing and will be hand delivered or mailed to
WCF at its office at 707 Mendham Boulevard, Ste. 250,
Orlando FL 32825, Attn: Business Services Manager.
All notices required to be given to the Host Worksite
under this Agreement will be sufficient when hand
delivered or mailed to the Host Worksite at its office
located at the address identified in paragraph one, page
one of this Agreement.
IN WITNESS THEREOF, the parties hereto, having been duly authorized and representing that they have the power
and authority to execute this Agreement and perform the responsibilities specified herein, have made and executed this
Agreement on the respective dates under each signature.
HOST WORKSITE ATATCHED CITY SIGNATURE PAGE
Signature
PrMled/ryped Name
Printed/Typed True
Date
Company Nama
Federal ID #
Contact Name
Plan #
FAX #
E•mall Address
WORKFORCE CENTRAL FLORIDA
silinature
Kevin R. Neal
Printed/Typed Name
Chief Operating Officer
Printed /Typed Me
Date
❑ 17.259 Youth
❑ 17.258 Adult
❑ 17.260 Dislocated Worker
❑ 93.558 TANF
CFDA #'s
ATTEST.
JANET DOZERT
CITY CLERK
APPROVED AS TOf0f"R%
atflrE.E ITY:
W. L. COLBERT,
CITY ATTORNEY
CITY OF SANFORD